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| Philip Rene Julian, v. Beverly Ann Julian
02A01-9709-CV-00229
In this divorce action, the husband has appealed, raising issues about the value and division of the marital property, as well as an award of attorney’s fees to the wife.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John R. McCarroll, Jr. |
Shelby County | Court of Appeals | 09/30/98 | |
| State vs. William Bradley
01C01-9708-CR-00336
|
Davidson County | Court of Criminal Appeals | 09/30/98 | |
| State vs. Jerry Huskins
01C01-9707-CR-00253
Originating Judge:John A. Turnbull |
Putnam County | Court of Criminal Appeals | 09/29/98 | |
| State vs. Gerald Lovelace
01C01-9708-CC-00338
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 09/29/98 | |
| State vs. Gerald Lovelace
01C01-9708-CC-00338
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/29/98 | |
| 01C01-9701-CC-00549
01C01-9701-CC-00549
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 09/29/98 | |
| Carl Jordan vs. State
01C01-9711-CR-00528
|
Davidson County | Court of Criminal Appeals | 09/29/98 | |
| State vs. Michael Taylor
01C01-9708-CR-00367
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/29/98 | |
| Charlotte Thompson vs. Ralph Coulter
02A01-9708-CV-00200
Originating Judge:Jon Kerry Blackwood |
Tipton County | Court of Appeals | 09/29/98 | |
| 01C01-9709-CC-00414
01C01-9709-CC-00414
|
Robertson County | Court of Criminal Appeals | 09/29/98 | |
| State vs. Aaron Cooper
01C01-9708-CR-00368
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/29/98 | |
| Juan Walker vs. State
01C01-9708-CR-00371
Originating Judge:Thomas H. Shriver |
Court of Criminal Appeals | 09/29/98 | ||
| Chester Kelly vs. Jerry Wooten
02A01-9712-CV-00305
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Appeals | 09/29/98 | |
| State vs. Helen Cumberbatch
E2000-00047-CCA-R3-CD
The Defendant appeals as of right from the trial court's revocation of her community corrections sentence. She argues that the trial court erred in revoking her community corrections sentence based on unreliable, undocumented hearsay evidence that she had failed a drug screen. The State asserts that the Defendant has waived appellate review of the admission of the hearsay evidence because she failed to object at the hearing. We hold that the trial judge properly considered the hearsay evidence, and she did not abuse her discretion in revoking community corrections because the evidence was sufficient to establish by a preponderance of the evidence that the Defendant had violated the conditions of community corrections by using cocaine. Accordingly, we affirm the judgment of the trial court revoking the Defendant's community corrections sentence.
Authoring Judge: Judge David H. Welles
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 09/29/98 | |
| State vs. Starling Jean Hiner
01C01-9707-CC-00262
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 09/28/98 | |
| State vs. Dennis Keith and Timothy Collins
02S01-9604-CC-00035
|
Madison County | Supreme Court | 09/28/98 | |
| Ruff vs. State
03S01-9711-CC-00140
|
Blount County | Supreme Court | 09/28/98 | |
| State vs. Clarence C. Nesbit
02S01-9705-CR-00043
|
Shelby County | Supreme Court | 09/28/98 | |
| State vs. Dennis Keith and Timothy Collins
02S01-9604-CC-00035
|
Supreme Court | 09/28/98 | ||
| State vs. Clarence C. Nesbit
02S01-9705-CR-00043
Originating Judge:Arthur T. Bennett |
Shelby County | Supreme Court | 09/28/98 | |
| State of Tennessee v. William Timothy Teal
M1999-02580-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 09/28/98 | |
| Corporate Catering, Inc. vs. Corporate Catering, Etc., LLC, et al
M1997-00230-COA-R3-CV
This appeal involves a dispute over the use of a defunct catering business's trade name and menu. The owner of the catering business filed suit in the Circuit Court for Davidson County seeking damages for conversion, breach of common-law copyright, and infringement of its business trade name and the distinctive names of its menu items. The trial court granted the defendants' motions for directed verdict regarding the conversion and the common-law copyright claims. After the jury returned a $12,500 verdict on the infringement of the trade name claim, the trial court granted the defendants' motion for a judgment in accordance with their motion for a directed verdict. In the alternative, the trial court, acting as thirteenth juror, set the verdict aside and granted a new trial. On this appeal, the defunct catering business asserts that the trial court erred by dismissing its claims for conversion and breach of common-law copyright. It also asserts that the trial court erred by failing to enter a judgment on the jury's verdict on the trade name claim. We have determined that the trial court decisions are supported by the law, and therefore, we affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 09/28/98 | |
| The Travelers Ins. Co. v. Karen Morrisett
03S01-9708-CH-00097
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appeal has been perfected by the employee-defendant, Karen Morrisett, from a ruling of the trial court in dismissing her complaint for benefits against the plaintiff-insurance carrier, The Travelers Insurance Company. The Chancellor held the employee had failed to carry the burden of proof in establishing a physical and/or mental injury had occurred as a result of her employment activities. Defendant, 34 years of age, possessed a G.E.D. certificate and had worked for her employer, Rittenhouse, for about eight years. She did heavy work and operated a machine that cut large rolls of paper. On April 19, 1995, she testified she was rolling a 2-25 lb. roll of paper underneath a conveyor belt and as she pushed it, she felt a "pull" in her back and upon raising up, she felt pain. She reported the incident and was taken to the emergency room where she said she saw a Dr. Ellis. The next day she saw Dr. John W. Fetzer, the company doctor, who referred her to Dr. Sidney L. Wallace at the Knoxville Orthopedic Clinic. Later she saw several other doctors. She stated her job caused a lot of stress; that she had been told by her supervisor that if her production rate did not increase she would be fired. She also accused her supervisor of sexual abuse. When questioned about this allegation, she said "He liked to touch me." When asked how long this had been going on, she responded, "As long as he was supervisor, but I would always tell him to leave me alone." Counsel asked if anything ever happened between her and the supervisor to which she replied, "No." There were no other details concerning this subject. She also testified she experienced difficulty in walking and sometimes she could not get out of bed on her own movement; that her legs would be numb. On cross-examination, she admitted she had seen a therapist at Cherokee Mental Health Center on April 13, 1995, which was several days prior to the incident in question. She told the therapist she suffered from stress at work; that sometimes she could not swallow her food; that she had panic attacks while driving a vehicle; and she suffered from head pain and dizziness. She admitted she had been 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Chester S. Rainwater, Jr. |
Knox County | Workers Compensation Panel | 09/25/98 | |
| State vs. Christopher Lindsay
E1998-00036-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 09/25/98 | |
| Angela N. Bilbrey v. American Nat'L. Bank & Trust Co.
03S01-9708-CH-00092
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant contends the evidence preponderates against the chancellor's findings that the employee's permanent mental and physical injuries arose out of and in the course of her employment. As discussed below, the panel has concluded the judgment should be affirmed. At the time of the trial, the employee or claimant, Angela Bilbrey, was fifty years old. She has a high school education and attended a business school for two years. She has served in the United States Navy, where she received some technical training. She has worked for American National Bank, now SunTrust, since 1979 as a collector or account adjuster. In April of 1987, she went to Sierra-Tuscon, an alcohol and drug dependency center, where she was treated for emotional problems related to her family situation and her difficulty coping with them. There is some history of mental dysfunction in her family and there is evidence she was mistreated by her mother and that her former husband is a recovering alcoholic. She told a psychologist at Sierra- Tuscon she wanted "to know why I am unhappy a lot." She worked on the third floor of her employer's building. On June 29, 1993, she and another employee entered an elevator on the third floor to go to the lobby floor. The elevator fell from the third floor to some distance below the lobby floor, before stopping suddenly. She remained "stuck" in the elevator for approximately half an hour until she could be removed by other persons. Following the injury, she complained of shoulder pain and, after receiving emergency care at East Ridge Hospital, she was referred by the employer to Dr. George Seiters, a licensed and board certified orthopedic surgeon practicing in Chattanooga. Dr. Seiters diagnosed a cervical sprain, left rotator cuff tendinitis with mild impingement syndrome and possible bursitis in the left shoulder, all of which he treated conservatively. When her shoulder pain and loss of motion persisted, he injected her shoulder with six milligrams of cortisone on October 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Howell N. Peoples, |
Knox County | Workers Compensation Panel | 09/25/98 |